SHe-Box and Beyond: Your Essential Guide to Navigating the PoSH Complaint Process

The safety and health of workers is not just a legal obligation but a cornerstone of productivity and national development…

Women today enter diverse workspaces with ambition, yet many silently face discomfort, vulnerability, and subtle violations. From suggestive glances to offhand remarks, a persistent quandary remains: do these experiences really count as the workplace harassments?

In response to the ignominious prevalence of workplace harassment, the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (‘PoSH Act’) was a transformative step by Government offering a structured framework to safeguard safety and dignity of women at work.

The PoSH Act draws its strength from the core values of the Constitution of India, equality, non-discrimination, and personal liberty as guaranteed under Articles 14, 15, and 21. It is not merely a workplace directive but a legal affirmation of every woman’s right to work with dignity and without fear.

Genesis and Historical Backdrop

The roots of legal protection against sexual harassment trace back to the Penal Code, 1860, which offered limited safeguards through Sections 354 and 509, addressing acts that “outrage” or “insult” a woman’s modesty. However, these provisions were punitive and failed to address workplace-specific sexual harassment or preventive measures.

A turning point came in 1992, Bhanwari Devi, a social worker, was assaulted while on duty. Her case exposed the urgent need for institutional protection and led to the landmark judgement Vishakha v. State of Rajasthan (1997) 6 SCC 241. Drawing from constitutional rights and international conventions, the Supreme Court laid down the Vishakha Guidelines, mandating employers to prevent and address sexual harassment at work. For years, these judicial directives served as the only framework until the enactment of the PoSH Act, 2013¹. This legislation formalized obligations on employers and introduced structured mechanisms to:

• Prevent

• Prohibit

• Redress

Legal framework and Definitions

According to 2(n) of the PoSH Act, ‘sexual harassment’ includes unwelcome behaviour of a sexual nature, direct or implied, whether physical, verbal, or non-verbal. This includes physical contact and advances, sexually coloured remarks, showing pornography, and requests for sexual favors. The PoSH Act draws heavily from the Vishakha Guidelines by the Supreme Court in 1997. Crucially, it is the impact on the woman, not the intention of the perpetrator, that defines the harassment.

Section 2(o) of the PoSH Act broadens the concept of ‘workplace’ beyond traditional office settings. It includes government and private offices, educational institutions, healthcare facilities, entertainment and sports venues, transport hubs, and even homes especially relevant for domestic workers and remote employees. This inclusive approach ensures that protection is not limited by geography, designation, or employment type, acknowledging the diverse realities of modern workspaces.

Overview of the PoSH Act

The PoSH Act covers all organizations, from offices and schools to hospitals and homes employing domestic workers. It mandates Internal Committees for workplaces with 10+ employees, Local Committees for smaller setups, and requires complaint procedures, training, awareness efforts, and annual reporting.²

Filing a PoSH Complaint: Step-by-Step Guide

Under Section 9 of the PoSH Act, any aggrieved is entitled to initiate a complaint of sexual harassment at the workplace. The process involves the following steps:

1. Submission of Written Complaint

   • Complaints are expected to be filed within three months from the date of the incident; an extension of an additional three months is permissible under justified circumstances.

   • The written complaint can be addressed to the IC within the organization or to the LC in cases where an IC is not constituted.

   • In situations where the complainant is unable to draft the complaint independently, assistance is to be provided by the Presiding Officer or a designated member of the Committee.

2. Essential Information to Include

   • Personal details such as name, designation, and contact information

   • A clear account of the incident(s), including date, time, and location

   • Names of individuals who witnessed the incident, if applicable

   • Any supporting documentation or evidence, such as emails, messages, or screenshots

3. Initiation of Inquiry

   • The Committee is expected to begin the inquiry process within seven days of receiving the complaint.

   • The inquiry proceedings are to be concluded within a period of ninety days.

4. Submission of Report and Employer Action

   • Upon completion of the inquiry, a detailed report is forwarded to the employer within ten days.

   • The employer is responsible for implementing the recommendations outlined in the report within sixty days.

5. Right to Appeal

If the complainant is dissatisfied with the outcome, an appeal can be filed before the appropriate authority within ninety days from the date of the decision.

SHe-Box Digital Redressal Initiative:

To address the persistent challenges faced by women in reporting workplace sexual harassment, the Government launched the Sexual Harassment Electronic Box (SHe-Box) on August 29-8-2024³, developed by the Ministry of Women and Child Development. This online portal offers a secure, single-window platform for women, across both organised and unorganised sectors, public or private, to directly file complaints of sexual harassment at work.

In Aureliano Fernandes v. State of Goa, the SC emphasized the need for robust digital mechanisms. In response, all ministries and organizations have been directed to register their ICs on the SHe-Box portal and ensure public visibility of grievance mechanisms. Once a complaint is submitted through, SHe-Box⁴, it is automatically forwarded to the appropriate authority with jurisdiction, ensuring timely and targeted action.

State SOPs/Directives:

Karnataka

On 21-8-2025, the Labour Department of Karnataka issued a directive to enforce the PoSH Act, 2013. It tasks Labour Commissioners at district and state levels with ensuring that all employers have formed Internal Complaints Committees (ICCs) as required under Section 4 of the Act. A survey initiated on 3rd December 2024 aims to collect data on ICC formation. The survey must be completed within six weeks. The directive reinforces workplace safety and legal compliance.

Tamil Nadu

On 18-6-2025, the Tamil Nadu Government notified the SOP (G.O. Ms. No. 64) to strengthen the implementation of the PoSH Act, 2013. This SOP aims to ensure safer and more compliant workplaces. It clearly defines roles for employers, ICCs, LCs, District Officers, and NGOs across public and private sectors, covering all types of workplaces, also including virtual spaces.

It outlines complaint procedures with a 90-day resolution timeline, allows simultaneous civil and criminal remedies, and mandates zero-tolerance policies, safety measures, visible anti-harassment guidelines, and regular training. Interim reliefs like leave or transfer can be provided during inquiries. Annual compliance reports must be filed by January 31, even if no complaints are received. Non-compliance may lead to fines up to ₹50,000 and license cancellation. The SOP reinforces Tamil Nadu’s commitment to workplace dignity and gender equality.

Orissa

On 19-7-2025, the Odisha government issued a directive mandating the display of IEC boards on the PoSH Act, 2013 across all workplaces and educational institutions. The boards must highlight Do’s and Don’ts related to sexual harassment, promoting respectful behaviour and legal awareness. This step addresses gaps in PoSH implementation and aims to sensitize both men and women. All organizations with 10 or more employees must constitute Internal Committees (ICs) and register them on the SHe-Box portal. The boards should be placed in multiple prominent locations. Key Do’s include respecting boundaries, reporting harassment, and maintaining professionalism. Don’ts includes making unwelcome remarks, sending offensive messages, and ignoring complaints. The directive emphasizes zero tolerance for harassment and misuse of the law. Officials are instructed to treat this as urgent.⁵

Punjab

On 9-4-2024, the Government of Punjab issued a SOP to ensure effective implementation of the POSH Act, 2013. It designates Additional District Magistrates as District Officers and outlines the formation of Internal and Local Complaints Committees. Nodal Officers are appointed at district, block, and circle levels to assist complainants. One Stop Centres provide legal, medical, and psychological support. Committees must complete inquiries within 90 days and submit annual reports by 15th January. Non-compliance may lead to penalties up to ₹50,000 and cancellation of business licenses.⁶

Maharashtra

On 24-11-2023, the Government of Maharashtra issued a Government Resolution to implement the PoSH Act, 2013. It designates the Commissioner of Women and Child Development as the State Nodal Officer and appoints District Officers for local enforcement. The resolution mandates the formation of Internal and Local Complaints Committees, regular reporting, and awareness initiatives. It underscores accountability and cites court judgments to reinforce compliance. Non-compliance may result in disciplinary action.⁷

Puducherry

On 22-10-2015, the Government of Puducherry issued a notification under Section 5 of the PoSH Act, 2013, appointing District Collectors of Puducherry and Karaikal as District Officers responsible for implementing the Act. These officers are empowered to handle complaints and ensure compliance across their respective regions, including Mahe and Yanam. The circular provides contact details for both officers and encourages women, legal heirs, or concerned individuals to approach them for assistance. The notification was issued by the Department of Women and Child Development and ordered to be published in the official gazette.⁸

Delhi

he Delhi High Court launched an online portal to facilitate workplace sexual harassment complaints within the judiciary and legal profession. This initiative marks a significant step toward institutional accountability and safer workspaces for women in Delhi.

Also Read: Empowering Women at Work: Delhi High Court Launches Portal for Workplace Sexual Harassment Complaints.

The Department of Women and Child Development, Delhi, has reinforced a zero-tolerance approach to workplace sexual harassment by mandating ICC formation, annual compliance reporting, and regular awareness programs. It also requires appointing grievance redressal officers to ensure accountability and support.⁹ In its PoSH Handbook, Delhi serves as a practical guide for implementation.¹⁰

Important Rulings on the PoSH Act

Aureliano Fernandes v. State of Goa¹¹

On 12-5-2023, the Supreme Court in Aureliano Fernandes v. State of Goa (2023 SCC OnLine SC 621), highlighted the systemic non-compliance with PoSH across institutions. The Court observed that even a decade after the Act’s passage, many entities had neither formed ICs nor disseminated procedural information adequately.

Key directives from this judgment include:

• A time-bound verification exercise by the Union and all States to ensure IC/LC/ICC formation and composition as per legal standards.

• Mandatory publication of committee details, contact information, and complaint procedures on institutional websites.

• Apex statutory and professional bodies (Bar Councils, Medical Councils, Universities) to initiate compliance tracking, SOP development, and training modules.

• National and State Legal Services Authorities (NALSA/SLSA) to create awareness programs for professionals, employees, and adolescent groups.

• Judicial Academies to integrate PoSH capacity-building in their annual calendars.

Read More: Sexual Harassment at workplace: “Assure women safe & secure workplace or they will fear stepping out”; SC issues directions for PoSH Act implementation.

X v. Nirmal Kanti Chakrabarti

On 12-09-2025, the Supreme Court, in X v. Nirmal Kanti Chakrabarti 2025 SCC OnLine SC 1964, upheld the Calcutta High Court Division Bench’s decision dismissing a sexual harassment complaint against the Vice-Chancellor of WBNUJS as time-barred under Section 9 of the PoSH Act. The appellant alleged misconduct and career threats, but the Local Complaint Committee (LCC) found the complaint beyond the permissible limitation period. While legally dismissing the appeal, the Court emphasized the moral gravity of the allegations, stating that the wrongdoing may be forgiven but must not be forgotten. It was directed that the order be included in the Vice-Chancellor’s resume, ensuring lasting accountability and institutional transparency.

Read more: NUJS Vice-Chancellor’s resume to now include this Supreme Court order on alleged incidents of his sexual misconduct.

Union of India v. Dilip Paul

On 6-11-2023, the Supreme Court in Union of India v. Dilip Paul 2023 SCC OnLine SC 1423, set aside the Gauhati High Court’s 2019 judgment and restored the penalty of withholding 50% pension imposed on a retired officer for sexual harassment. The Court emphasized that sexual harassment at the workplace must be viewed seriously and not be dismissed on technicalities. It upheld the disciplinary inquiry’s findings and clarified that hearsay evidence with credible nexus is admissible. The Bench stressed the need for deeper scrutiny to prevent misuse of protective laws.

Read more: Supreme Court restores penalty withholding 50% of monthly pension in Sexual Harassment at Workplace case.

R. Mohanakrishnan v Deputy Inspector General of Police

On 11-06-2024, the Madras High Court, while hearing a writ petition challenging an ICC report recommending continued suspension of a sexual harassment accused, held that the complaint was not time-barred under Section 9 of the PoSH Act due to the continuing trauma faced by the victim. The Court directed the ICC to resume inquiry, allowing the accused to cross-examine witnesses through indirect means, and emphasized that serious allegations like rape or prolonged harassment constitute continuing misconduct, and procedural lapses cannot be used to stall the inquiry.

Read more: Madras HC partially vitiates inquiry report for not providing accused an opportunity to cross-examine the witnesses.

Supreme Court pushes for PoSH Act Compliance.

On 12-8-2025, the SC while considering Aureliano Fernandes v. State of Goa (2025) SCC OnLine SC 1749, emphasised that the survey shall be conducted within a period of 6 weeks from 12-8-2025 if not already completed.

Read more: SC directs District-wise survey on constitution of Internal Complaints Committee, for PoSH Act compliances.

FAQs on PoSH Act¹²

What is the PoSH Act and who does it apply to?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 applies to all women, regardless of age, employment type, or sector, including full-time and part-time employees, interns, volunteers, consultants, and domestic workers.

What amounts to sexual harassment under the PoSH Act?

Sexual harassment includes unwelcome physical contact, sexually coloured remarks, showing pornography, requests for sexual favours, or any other unwelcome verbal, non-verbal, or physical conduct of a sexual nature.

Who can file a complaint under the PoSH Act?

Any aggrieved woman can file a written complaint within three months of the incident. As per Section 9, the aggrieved woman can file the complaint. If she’s physically or mentally incapable, her legal heir, relative, friend, or co-worker may file it. In case of death, Rule 6 allows others to act on her behalf.

What is the procedure for filing a complaint under the PoSH Act?

A written complaint must be submitted to the Internal Committee (IC) within three months of the incident. In cases where no IC exists, the complaint can be filed with the Local Committee (LC) at the district level.

What recourse is available if the organization fails to comply with the PoSH Act?

Non-compliance can result in a monetary penalty of up to ₹50,000. Repeated violations may lead to cancellation of the organization’s license or registration.

Is there a government platform available for filing complaints outside the workplace?

Yes, the SHe-Box portal allows women to file complaints directly with the Ministry of Women and Child Development, which forwards them to the appropriate authority for action.

What is SHe-Box?

An online platform by the Ministry of Women and Child Development for women to report workplace sexual harassment across public and private sectors

How to file a complaint on SHe-Box?

Visit shebox.wcd.gov.in, click on “Register Your Complaint,” select your employment type, fill in the required details, and submit. A confirmation email will help you activate your account and track your complaint status.

Whether or not obscene language amounts to sexual harassment?

Yes, obscene language used at the victim’s workplace can amount to sexual harassment under the PoSH Act.

Read what the Chhattisgarh HC decided on obscene language.

Is the PoSH Act gender-neutral?

The Act is specifically designed to protect women from sexual harassment at the workplace. Read how the Calcutta HC widened the scope by filing complaint.